Bharat Petroleum Corporation Ltd vs The Great Eastern Shipping Co. Ltd on 12 October, 2007
7 The law revolving around Section 7(4)(b) of Arbitration
Act is very clear whereby exchange of letters, telex, telegrams or
other means of communication also amounts to an arbitration
agreement in writing. The parties, as recorded through the exchange
of emails, recorded the agreements thereby all the terms and
conditions of the agreement dated 1 April 2007 of the basic
arbitration agreement got extended. Therefore, the conclusion that
through these three emails, the parties have agreed and extended the
contractual obligation and in fact acted accordingly need no
interference. Having once extended the agreement in toto, any
dispute between the parties for the transaction based upon the same
required to be adjudicated on the basis of main agreement itself. The
finding, therefore, based upon the facts and the law of Bharat
Petroleum Corporation Ltd v. Great Eastern Shipping Co Ltd 1 and
further in Trimex International FZE Limited, Dubai v. Vedanta
1 AIR 2008 SC 357
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Aluminium Limited, India2 support the reasons which we also find is
well within the frame work of law and the record.